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Should I File a personal injury claim?

How do you know if you should file a personal injury lawsuit?


The first thing to consider prior to filing a personal injury lawsuit is whether you have suffered personal injury to your property or person. Obviously, you would not have grounds for a personal injury lawsuit if you or your property have not been injured or damaged and you have not suffered some type of loss, either financially or emotionally.

Another thing to consider is whether someone else is responsible for the personal  injury to you or your property. To win a personal injury lawsuit you must prove your personal injuries were caused by the negligence of another person, and it was their actions that were the proximate cause of your loss. This means that if it had not been for their negligent actions, you would not have been injured.

Do all personal injuries have to cause physical harm? No, many examples of personal injury lawsuits are filed and won but the plaintiff did not suffer physical injuries. Loss can also be emotional pain and suffering.


In tort law, to win a personal injury lawsuit for emotional distress you will need to prove that the defendant’s actions were reckless and intentional, their conduct was outrageous and severe, and that due to their actions, you suffered emotional distress. It will be hard to win your personal injury lawsuit unless you can prove that their behavior was “utterly intolerable in a civilized community.”

Another important thing to consider when asking the question, “Should I file a personal injury lawsuit,” is the time that you have for filing a personal injury case. The statutes and laws dealing with personal injury lawsuits vary from state to state. However, each state has what is known as statutes of limitations for filing a personal injury lawsuit.


Basically, “statutes of limitations” set the time limits for filing a person injury lawsuit. If you believe that you have a personal injury case and you do not file the lawsuit until after the deadline in your state has passed, your right to recover damages for personal injuries  may be lost. In some states, the time limit may be only a year for filing a personal injury lawsuit.

Another thing that will help answer the question, “Should I file a personal injury lawsuit,” is whether you have any evidence or proof of your personal injury: bills from hospitals and doctors, copies of medical reports, police reports, the testimony of eyewitnesses and photographs of your pinjury. If there has been damage to your property you should get an estimate of the cost to repair the damage.

If you suffered personal injury which was caused by the negligence of another person or entity, it may be time to contact a personal injury lawyer. The attorneys at www.personalinjuryplace.com will give you the right advice and guidance concerning your personal injury lawsuit.